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EVERY DEADLINE

79 periods Delaware law measures, gathered out of the file and put in order, shortest first. Each one says what starts it, whose period it is, and what the law attaches to it. The shortest here is 24 hours. The longest is 10 years.

Every period on this page is stated by a section of the file and carries that section's own authority. None of it is a calculation: a period that turns on facts, on service, or on a court's discretion is described the way the section describes it and no further.

79 deadlines

Traffic stops3

  • 24 hours

    Producing a registration card after a stop

    From
    A stop where the registration card is not produced
    Whose
    The driver

    The driver has 24 hours to produce a registration card issued before the arrest, before a conviction can be obtained.

    What day is that? →The whole of it: Traffic Stops →
  • 24 hours

    Producing an off highway vehicle registration

    From
    A demand to see an off highway vehicle's registration
    Whose
    The operator

    The operator has 24 hours to produce a registration card issued before the arrest, before a conviction can be obtained.

    What day is that? →The whole of it: An ATV on the Road →
  • 5 days

    Surrendering plates after an insurance suspension

    From
    The Division's notice suspending an uninsured registration
    Whose
    The owner

    Within 5 days of the Division of Motor Vehicles' notice of suspension, the owner surrenders the registration certificate and plate.

    What day is that? →The whole of it: The Insurance Requirement →
    • 21 Del. C. § 2118

Being stopped1

  • 24 hours

    Being brought before a magistrate after arrest

    From
    An arrest, where the person is not released
    Whose
    The police

    A person arrested is brought before a magistrate without unreasonable delay and within 24 hours, unless a court orders up to 48 more for good cause.

    What day is that? →The whole of it: Being Arrested →
    • 11 Del. C. § 1909

Marijuana and drugs1

Court and money40

Your home28

  • At least 24 hours before

    Notice before a writ of possession is carried out

    From
    The removal under the writ, counted back
    Whose
    The constable or sheriff

    The officer gives at least 24 hours' notice to the people to be removed, and carries out the writ between sunrise and sunset.

    What day is that? →The whole of it: Being Evicted →
    • 25 Del. C. § 5715
  • At least 48 hours before

    Notice before the landlord enters

    From
    The landlord's entry, counted back
    Whose
    The landlord

    The landlord gives at least 48 hours' notice of an intent to enter, except for repairs the tenant asked for or an emergency.

    What day is that? →The whole of it: When the Landlord Can Come In →
    • 25 Del. C. § 5509
  • 48 hours

    Restoring heat, water or electricity

    From
    The tenant's notice that heat, water, hot water or electricity has failed
    Whose
    The landlord

    If the failure continues for 48 hours after notice, the tenant may end the agreement or keep two thirds of the daily rent while it lasts.

    What day is that? →The whole of it: Heat and Hot Water →
    • 25 Del. C. § 5308
  • 5 days

    The grace period before a late fee

    From
    The date rent is due under the lease
    Whose
    The landlord

    No late charge may be imposed within 5 days of the agreed date for paying rent, and none above five percent of the monthly rent.

    What day is that? →The whole of it: What a Lease Cannot Say →
  • At least 7 days

    Correcting a broken rule after notice

    From
    The landlord's written notice of a material breach
    Whose
    The tenant

    A tenant given written notice of a material breach has at least 7 days to remedy it before the landlord may end the agreement.

    What day is that? →The whole of it: Being Evicted →
    • 25 Del. C. § 5513
  • At least 7 days

    Paying after a written demand for rent

    From
    The landlord's written demand for past due rent
    Whose
    The tenant

    The written demand gives at least 7 days to pay before the landlord may file an action to end the rental agreement.

    What day is that? →The whole of it: Being Evicted →
    • 25 Del. C. § 5502
  • 7 days

    Storing belongings left after an eviction

    From
    The execution of the writ of possession
    Whose
    The landlord

    Property the tenant leaves behind may be removed and stored by the landlord for 7 days.

    What day is that? →The whole of it: Being Evicted →
    • 25 Del. C. § 5715
  • 1 week

    Telling the landlord of moving out after a fire

    From
    Moving out of a unit made unusable by fire
    Whose
    The tenant

    A tenant who leaves after a fire notifies the landlord in writing within 1 week after vacating, ending the agreement as of that date.

    What day is that? →The whole of it: After a Fire →
    • 25 Del. C. § 5309
  • 10 days

    Starting corrective work after written notice

    From
    The landlord's receipt of written notice of a needed repair
    Whose
    The landlord

    If the landlord does not begin reasonable corrective measures within 10 days, such as getting an estimate, the tenant may repair and deduct.

    What day is that? →The whole of it: When the Landlord Will Not Fix It →
    • 25 Del. C. § 5307
  • 12 days

    Curing a condition on a manufactured home lot

    From
    Written notice of a noncomplying condition on the premises
    Whose
    The homeowner

    A homeowner given written notice of a noncomplying condition on the premises has 12 days from mailing or service to remedy it.

    What day is that? →The whole of it: A Manufactured Home Lot →
    • 25 Del. C. § 7016
  • 15 days

    A receipt for rent paid in cash

    From
    A cash payment of rent
    Whose
    The landlord

    A landlord who accepts rent in cash gives the tenant a receipt within 15 days, and keeps a record of it for 3 years.

    What day is that? →The whole of it: What a Lease Cannot Say →
  • 15 days

    Curing a condition that defeats the bargain

    From
    The landlord's receipt of written notice of a serious condition
    Whose
    The landlord

    If a condition taking away a substantial part of what the tenant bargained for is not remedied within 15 days, the tenant may end the agreement.

    What day is that? →The whole of it: When the Landlord Will Not Fix It →
    • 25 Del. C. § 5306
  • 15 calendar days

    Engaging in eviction mediation

    From
    Service of process in an action for possession
    Whose
    The tenant

    A trial may not begin until mediation, unless the tenant fails to engage in mediation within 15 calendar days after service.

    What day is that? →The whole of it: Being Evicted →
  • 20 days

    Disclosing where the deposit is held

    From
    A tenant's written request for the deposit account's location
    Whose
    The landlord

    Failing to disclose the escrow account within 20 days of a written request forfeits the security deposit to the tenant.

  • 20 days

    Returning a security deposit

    From
    The end of the rental agreement
    Whose
    The landlord

    The landlord returns what is not owed of the deposit, with an itemized list of damages, within 20 days, or owes double the amount wrongly kept.

  • 30 days

    Ending a lease early for a listed reason

    From
    The first day of the month after the notice is given
    Whose
    The tenant

    Notice of early termination for a job move, illness, military service, senior or subsidized housing, or abuse ends a tenancy after 30 days.

    What day is that? →The whole of it: Leaving a Lease Early →
    • 25 Del. C. § 5314
  • 30 days

    Fixing a repair after written notice

    From
    The landlord's receipt of written notice of a needed repair
    Whose
    The landlord

    If the landlord does not remedy the failure within 30 days, the tenant may have the work done and deduct up to $400 or half a month's rent.

    What day is that? →The whole of it: When the Landlord Will Not Fix It →
    • 25 Del. C. § 5307
  • At least 45 days before

    Refusing a renewal on new terms

    From
    The last day of the lease term, counted back
    Whose
    The tenant

    Unless the tenant gives notice of ending the tenancy at least 45 days before the last day, the new terms are accepted.

    What day is that? →The whole of it: A Rent Increase →
    • 25 Del. C. § 5107
  • 45 days

    Removing a shielded eviction from public view

    From
    The court's order shielding an eviction record
    Whose
    The court

    Within 45 days of the order, the court notifies the tenant and removes the case from its publicly accessible systems.

  • At least 60 days before

    Ending a lease at its expiration

    From
    The expiration of the rental agreement, counted back
    Whose
    The landlord or the tenant

    Either side ends a lease at its expiration by written notice given at least 60 days before it expires.

    What day is that? →The whole of it: Notice to End a Tenancy →
    • 25 Del. C. § 5106
  • At least 60 days

    Ending a month to month tenancy

    From
    The first day of the month after actual notice
    Whose
    The landlord or the tenant

    A month to month tenancy ends on at least 60 days' written notice, counted from the first day of the month following the notice.

    What day is that? →The whole of it: Notice to End a Tenancy →
    • 25 Del. C. § 5106
  • At least 60 days before

    Notice of a renewal on new terms

    From
    The expiration of the lease being renewed, counted back
    Whose
    The landlord

    A landlord renewing on new terms, including a higher rent or deposit, gives written notice at least 60 days before the agreement expires.

    What day is that? →The whole of it: A Rent Increase →
    • 25 Del. C. § 5107
  • At least 90 days before

    Notice of a lot rent increase

    From
    The first day the higher lot rent is due, counted back
    Whose
    The community owner

    Notice of a lot rent increase goes out at least 90 days, and no more than 120 days, before the higher rent is due.

    What day is that? →The whole of it: A Manufactured Home Lot →
  • 90 days

    The window a retaliation is presumed in

    From
    A tenant's good faith code complaint or other protected act
    Whose
    The tenant

    A landlord's action to evict, raise rent or cut services within 90 days of the complaint or act is presumed retaliatory.

    What day is that? →The whole of it: When the Landlord Retaliates →
  • 90 days

    The window after domestic abuse

    From
    An incident in which the tenant was a victim of domestic abuse, sexual offense or stalking
    Whose
    The tenant

    A landlord's action to evict or raise rent within 90 days of the incident is presumed to violate the protection for victims.

    What day is that? →The whole of it: When the Landlord Retaliates →
    • 25 Del. C. § 5316
  • 1 year

    A housing discrimination complaint to the Division

    From
    A discriminatory housing practice, or its discovery
    Whose
    The person harmed

    A complaint of housing discrimination is filed with the Division within 1 year of the practice ending or being discovered.

    What day is that? →The whole of it: Housing Discrimination →
    • 6 Del. C. § 4610
  • 2 years

    A housing discrimination lawsuit

    From
    A discriminatory housing practice ending, or its discovery
    Whose
    The person harmed

    A civil action for housing discrimination is filed in the county where it happened within 2 years.

    What day is that? →The whole of it: Housing Discrimination →
  • 5 years

    Waiting to shield an eviction judgment

    From
    The entry of an eviction judgment
    Whose
    The tenant

    Once 5 or more years have passed since a judgment, with any money award paid and no similar judgment since, the court must shield the record.

Carrying a firearm5

  • 15 days

    Appealing a handgun permit decision to Superior Court

    From
    The Justice of the Peace Court's decision on the permit
    Whose
    Either side

    The Justice of the Peace Court's decision may be appealed to the Superior Court for a new hearing, filed within 15 days.

    What day is that? →The whole of it: Buying a Handgun →
    • 11 Del. C. § 1448D
  • At least 15 days before

    Applying for a license to carry concealed

    From
    The next term of the Superior Court, counted back
    Whose
    The applicant

    An application for a license to carry a concealed deadly weapon is filed with the Prothonotary at least 15 days before the court's next term.

    What day is that? →The whole of it: Carrying →
    • 11 Del. C. § 1441
  • 25 days

    A dealer's wait on a background check

    From
    The dealer's request for a background check
    Whose
    The dealer

    Without a denial, a dealer may complete a firearm sale from inventory once 25 days have passed from the background check request.

    What day is that? →The whole of it: Buying a Handgun →
    • 11 Del. C. § 1448A
  • 30 days

    A decision on a handgun purchaser permit

    From
    The Bureau's receipt of a complete permit application
    Whose
    The State Bureau of Identification

    Unless grounds for denial exist, the handgun qualified purchaser permit is granted within 30 days of receiving the application.

    What day is that? →The whole of it: Buying a Handgun →
    • 11 Del. C. § 1448D
  • 30 days

    Asking for a hearing on a denied handgun permit

    From
    The denial or revocation of a handgun permit
    Whose
    The applicant

    A written request for a hearing before a Justice of the Peace is made within 30 days of the denial or revocation, with no filing fee.

    What day is that? →The whole of it: Buying a Handgun →
    • 11 Del. C. § 1448D

Charges and penalties1

  • 10 days

    Making good on a refused check

    From
    Notice that the bank refused the check
    Whose
    The person who wrote it

    A check writer who makes good within 10 days of notice of a refusal avoids the presumption of knowing it would not be honored.

    What day is that? →The whole of it: Bad Checks →
    • 11 Del. C. § 900

MyRightz is legal education, not legal advice. Nothing here creates an attorney client relationship. Applying the law to a particular situation is the work of a licensed Delaware attorney.